10 July 2015

Real Estate: Nottingham v. Real Estate Agents Authority

The Real Estate Agents Authority has been ordered to reopen a misconduct hearing against Royal Oak based Ray White franchisee Martin Honey after rival Dermot Nottingham appealed to the High Court.
Mr Nottingham’s real estate sales licence was not renewed after Mr Honey complained to the Authority about what he called “Mr Nottingham’s history of crime and psychopathic behaviour” in the course of a dispute between the two over alleged misuse of internet property listings.  After the Authority dismissed Mr Nottingham’s complaints about alleged misconduct by Mr Honey, the High Court ordered a reconsideration on grounds the Authority had apparently misunderstood the significance of evidence provided and crucially had failed to take fresh evidence into account.
The High Court in Auckland was told Dermot Nottingham, Phillip Nottingham and Robert McKinney purchased the Onehunga RE/MAX real estate franchise in October 2009.  Martin Honey operated in the neighbouring suburb of Royal Oak, initially as a RE/MAX franchise but rebranded from February 2009 as a Ray White franchise.  Allegations followed that Mr Honey was continuing to use the RE/MAX website for listings and sales while maintaining his own Ray White website.  When challenged, Mr Honey said he took down the RE/MAX link in April 2010 when made aware of the issue.  Mr Nottingham alleged that Mr Honey and his web designer deliberately and dishonestly maintained the RE/MAX link to poach business.  This allegation was dismissed following a hearing before the Real Estate Agents Authority along with a further allegation that Mr Honey made a false complaint to the Authority about Mr Nottingham’s behaviour in the course of their dispute.  Mr Honey sent a letter to the Authority in February 2011, with a copy forwarded to the Minister of Internal Affairs, alleging overbearing and intimidatory behaviour by Mr Nottingham.  Mr Nottingham said the allegations were false, designed by Mr Honey to minimise culpability and to garner sympathy for Mr Honey and his family.
Ordering the Authority to reopen its misconduct hearing against Mr Honey, Justice Thomas said the Authority had failed to properly consider two matters: evidence from one of Mr Honey’s former staff who said she had told him in July 2009 that the firm’s Ray White listings were being duplicated on the RE/MAX website and new evidence from a former personal assistant, now living in South Africa, stating part of her daily routine was to load property pictures and details onto both websites as had been instructed by Mr Honey.
Nottingham v. Real Estate Agents Authority – High Court (10.07.15)

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